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HomeMy WebLinkAbout1950-08-23 1 I 1 42t5 Bozeman, Montana August 23, 1950 The Commission of The City of Bozeman met in regular session in the Commission Room, Ci,ty Hall Building, Wednesday afternoon, August 23, 1950, at 1:00 o'clock P. M. Those being present were Mayor Lowe, Commissioner Secor, Commissioner Healy, City Manager Henderson, City Attorney Lovelace and the Clerk when the following proceedings were had: The minutes of the last regular session were read, and it was moved by Commissioner Healy, seconded by Commissioner Secor, that the minutes be approved as read, end the motion was carried by the following ~e and No vote: those voting Aye being Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No. none. Claim -- Transfer of Fund a The Manager stated the Appropriation Ordinance No. 754, provides for the transfer of oapital earn- ings from the Water Department to the General Fund. He presented Claims No. 9263, in the amount of $15,000.00 for such transfer. After examination of the claim by the City Commission, it was moved by Commissioner Healy, seoonded by Commissioner Secor, that the claim be allowed and a warrant drawn for its payment and the motion was carried by the following .Aye and No vote: those voting ~e being Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No, none. Use of E. Fridley by C. M. St. P. & F. Ry The Manager infor.med the Commission that the C. M. St. P. & F. ~ has requested permission to spot tank cars on their spur track where it crosses an unused portion of Fridley Street, east of Broadway, while such cars will be unloading into the Propane Gas plant being oonstructed at Broadway and Fridley. It was agreed that there would be no objeotion to such use of this street area but that allowing cars to be unloaded there would in no way give the C. M. St. F. & F. Ry any right to pennanent use of the street other than those rights included in present right of way agreements. Repo rt The Cemetery report for the month of July, 1950 was presented. It was moved by Commissioner Healy, seconded by Commissioner Secor, that the report be acoepted and ordered filed, and the motion was carried by the following Aye and No vote; those voting .Aye being Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No, none. Audit Report Approved The Audit Report of Douglas Wilson, Ferris & Company, having been presented to the Commission for study at the regular meeting of August 16th, 1950, it was moved by Commissioner Secor, seconded by Commiuioner Healy, that the report be accepted and approved, and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No, none. Manager to Great Falls The Manager requested pennission to go to Great Falls in connection with preparation for an Executive Committee meeting of the Montana Municipal League. It was moved by Commissioner Healy, seconded by Commissioner Seoor, that it being in the public interest, this travel for the City Manager be authorized and his expenses be paid from the General Fund, and the motion was carried by the follow- ing Aye and No vote: those voting Aye being Mayor Lowe, Commissioner Secor and Commissioner Healy; those voting No, none. Grant Agreement for Airport Improvements Victor Keisling, Airport Engineer for the CAA, appeared before the Commission in regard to a Grant Agreament from the CAA for Airport improvements. The following Resolution was introduced by Commissioner Secor, seconded by Commissioner Healy, enter into a Grant Agreement for the purpose of obtaining Federal Aid in the development of the Gallatin Field Airport and that such agreement shall be as set forth hereinbelow. 1 426 read in full and considered and unanimously adopted: RESOLUTION ACCEPTING, ADOPTING, APPROVING AND AUTHORIZING THE EXECUTION OF' A GRANT AGREEMENT RECEIVED FROM TEE ADMINISTRATOR, CIVIL AERONAUTICS, UNITED STATES OF AMERICA, FOR TEE DEVELOP.. MENT OF TEE GALLATIN FIELD AIRPORT, BOZEMAN, MONTANA Be it resolved by the City Commission of Bozeman, Montana, Section I. That the City of Bozeman, Montana, by and through its City Commission and Gallatin County, Montana, by and through its Board of County Commissioners, shall jointly Section 2. That the Mayor be, and he is hereby authorized and directed to execute said Grant Agreement in sextuplet on behalf of the City of Bozeman, and the City Clerk is hereby authorized and directed to impress the Official Seal of the City of Bozeman, Montana, thereon and to attest said execution. Section 3. That all statements, representations, warranties, covenants, and agreements contained in the Project Application for Federal Aid in the development of the Gallatin Field Airport are hereby specifically ratified end adopted. Section 4. That the Grant Agreement referred to hereinabove shall be as followsl Form ACA-1632 (5-49) DEPARTMENT OF COMMERCE CIVIL AERONAUTICS ADMINISTRATION Washington 26 GRANT AGREEMENT :Part I - Offer Date of Offer Aug 18 1950 Gallatin Field Airport Project No. 9-24-003-004 I TO: The City of Bozeman, Montana, and Gallatin County, Montana, (herein referred to as the .co-sponsors") FROM: The United States of America (acting through the Administrator of Civil Aeronautios, herein referred to as the -Administrator") WHEREAS, the Co-sponsors have submitted to the Administrator a Project Application dated July 19, 1950 for a grant of Federal funds for a project for development of Gallatin Field (herein called the "Airport'"), together with plans and specifications for such project, which Project Application, as approved by the Administrator, is here- by incorporated herein end made a part hereof; and WEEREAS, the J.dm.inistrator has approved a project for development of the Airport (herein oalled the "Project") consisting of the followiug described airport development: Repair andresurfaoe NW/SE runway and the taxiway between southeast end of niSI runway and south end of 1ft runway. (The airport development to be accomplished herein described is in addition to those contemplated under the Grant Agreements by the Sponsors and the United States for Projects Nos. 9..24-003-701, 9..24-003-702 and 9-24-003-003.) all as more particularly described in the property map and plans and specifications incorporated in the said Project Application; NOW THEREFORE, pursuant to and for the purposes of oarrying out the provisions of the Federal Airport Act (60 Stat. 170; Pub. Law 377, 79th Congress), and in consideration of (a) the Co-sponsors' adoption and ra.tification of the representations and assurances contained in said Project Applioation, and their acceptance of this Offer, as herein- after provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and the operation and maintenance of the Airport, as herein prOVided, 1 THE ADMINISTRATOR, F01R AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of costs incurred in accomplishing the project, 26 per centum of the allowable lend acquisition costs, and 63.63 per centum of all other allowa.. ble project costs, subject to the following terms and conditiOXl.I. 1. The maximum obligation of the United States payable under this Offer shall be $9,100.00. 2. The Co-sponsors 8r~11 (a) begin accomplishment of the Project within a resonable time after acceptance of this Offer, and (b) carry out end complete the Project in accordance wi th the terms of this Offer, and the Federal Airport Act and the Regulations promulgated thereunder by the Administrator in effect on the date of this Ofter, which Act IUldRegulations are incorporated herein and made a part hereof, and 1 (c) carry out end complete the Project in acoordlUlce with the plans and specifications and property map incorporated herein as they may be revised or modified with the approval of the Administrator or his duly authorized representatives. 3. The Co-sponsors shall operate and maintain the Airport as provided in the Project Application incorporated herein. 4. The maximum amounts of building space which the sponsors shall be obligated to furnish oivil agencies of the United States under paragraph 9 of Part III of the Project Application shall be as set forth in the schedule attached to the Grant Agreement for Project No. 3-24-003-702, accepted by the sponsors on February 16, 1960, which said schedule is incorporated herein and made a part hereof by reference. 5. Any misrepresentation or omission or a material fact by the Co-sponsors concerning the Project or the Co-sponsors' authority or ability to carry out the obligations assumed by the Co-sponsors in accepting this Offer shall te~inate the obligation of the United States, and it 1s understood and agreed by the Co-sponsors in accepting this Offer that if a mat~rial fact has been misrepresented or omitted by the Co-sponsors, the Administrator on beha,lf of the United States may recover all grant payments made, 6. The Administrator reserves the right to amend or withdraw this Offer at any time prior to its acceptance by the Co-sponsors. 7. This Offer shall expire and the United States shall not be 0 bl igated to pay any of the allowable costs of the Project unless this Offer has been aocepted by the Co-sponsors within 60 days from the above date of Offer or such longer time as may be prescribed by the Administrator in writing. I The Co-sponsors' aoceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenoed by exeoution of this instrument by the City of Bozeman, Montana, and Gallatin County, Montana, as Co-sponsors, as hereinafter pro- vided, and said Offer and acceptance shall oomprise a Grant Agreement, as provided by the Federal Airport Act, constituting the obligations and rights of the United States, on the one part, and the City of Bozeman, JIontana and Gallatin County, Montana, jointly and severally, on the other part, wi th respect to the accomplishment of the Project and the operations and maintenanoe of the Airport. Such Grant Agreement shall become effective upon the Co-sponsors' acceptance of this Offer and shall remain in full foroe and effect throughout the useful life of the facilities developed under the Projeot but in any event not to exceed twenty years from the date of said aoceptanoe. UNITED STATES OF .AMERICA THE ADMIIIS'1'RA'TOR OF CIVIL AERONAUTICS By /s/ E. L. Yuravioh Acting hegional Administrator, Region VII Part II - Acceptance The City of Bozeman, Montana, and Gallatin County, Montana, do hereby ratify and adopt all statements, representations, warranties, oovenants, and agreements oontained on the Projeot Application and incorporated materials referred to in the foregoing Offer and do hereby aooept said Offer and by suoh acceptanoe agree to all of the terms and conditions thereof. Exeouted this 23rd day of August, 1960. THE CITY OF BOZEMAN, MONTANA (Name of Co-sponsor) (SEAL) By /s/ W. G. Lowe 1 Ti tIe :Mayor Attest; /8/ L. G. Shadoan Title: Clerk of the Commission Executed this 23 day of Aug, 1950 (SEAL) GAT.T,ATpr Cmm'l'v. MONTANA (Name of Co-sponsor) By /8/ J. O. E. Nelson Attest: /s/ Bess Fowler County Clerk and Recorder In end for Gallatin County, Title Temp. Chai rman Title: State of Montana 427 Commissioner Healy; those voting No. none. 1 428 Adjournment There being no further business to oome before the Commission at this time, it was moved by Commissioner Secor, seoonded by Commissioner Healy, that the meeting adjourn and the motion was carried by the following Aye and No votel those voting Aye being !4e.yor Lowe, Commissioner Seoor, and Attest: /~~ Clerk 0 the City Commission I 1